Union certification granted; employer's challenge based on union electioneering outside polling station dismissed.
The applicant trade union applied for certification, and a representation vote was held.
The responding employer sought to dismiss the application, alleging that a union representative accosted and spoke to employees outside the building where the polling station was located, thereby violating the Labour Relations Act, 1995.
The Board dismissed the employer's request, finding no prima facie case that the union representative intimidated, coerced, or unduly influenced voters.
The Board noted that electioneering outside the polling area is permissible absent improper conduct.
As more than fifty percent of the ballots were cast in favour of the applicant, a certificate was issued.
Service Employees International Union, Local 204 v. Citipark Inc., 1996 CanLII 11153